[2020] KEHC 1236 (KLR)
The Court found that the application was procedurally incompetent because it was not supported by a statement as required by Order 53 Rule 1 of the Civil Procedure Rules. Additionally, the failure to join Rachel Wanjiru, a party likely to be affected by the proceedings, rendered the application defective. The Court...
Source-derived case information.
- Citation
- [2020] KEHC 1236 (KLR)
- Parties
- Applicant: Republic; Respondent: Inspector General; Applicant: Francis Ng'ang'a Mbuggua
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application E064 of 2020
- Procedural Posture
- Judicial Review Miscellaneous Application / Ruling on Leave Application
- Outcome
- Application struck out for being incompetently filed.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Mandamus, Procedural Incompetence
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Inspector General
Respondent
Francis Ng'ang'a Mbuggua
Applicant
Procedural Posture
Judicial Review Miscellaneous Application / Ruling on Leave Application
Legal Issues
- 1 Whether the application for leave to apply for an order of mandamus is competent in light of procedural requirements.
- 2 Whether failure to join a necessary party renders the application defective.
- 3 Whether the absence of a supporting statement as required by Order 53 Rule 1 of the Civil Procedure Rules invalidates the application.
Ratio Decidendi
The Court found that the application was procedurally incompetent because it was not supported by a statement as required by Order 53 Rule 1 of the Civil Procedure Rules. Additionally, the failure to join Rachel Wanjiru, a party likely to be affected by the proceedings, rendered the application defective. The Court emphasized that compliance with procedural rules is mandatory in judicial review proceedings, and non-compliance cannot be overlooked. Consequently, the application was struck out for being incompetently filed.
Court Disposition
Application struck out for being incompetently filed.
Orders
- The Applicant's Chamber Summons dated 17th November 2020 is hereby struck out for being incompetently filed.
- There shall be no order as to costs.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW MISCELLANOUS APPLICATION NO. E064 OF 2020
BETWEEN
REPUBLIC.................................................APPLICANT
VERSUS
INSPECTOR GENERAL........................RESPONDENT
AND
EX PARTE:
FRANCIS NG'ANG'A MBUGGUA
RULING
1. Francis Ngángá Mbuggua, the ex parte Applicant herein, has moved this Court by way of a Chamber Summons application dated 17th November 2020, which is supported by his affidavit sworn on the same date. The ex parte Applicant in his application is seeking leave to apply for an order of Mandamus to compel the Respondent to act on the ex parte Applicant's complaint filed on the 16th March, 2018. The said complaint is with regard to fraudulent activities which the ex parte Applicant claims were undertaken on his parcel of land by one Rachel Wanjiru.
2. A perusal of the said pleadings reveal as follows:
a. From the description of the parties, it is not evident which person or entity is being sued, as the said Respondent is described as “Inspector General”
b. The said Rachel Wanjiru, who is a party likely to be affected by these proceedings, has not been joined as a party.
c. The ex parte Applicant’s application is not supported by a statement as required by Order 53 Rule1 of the Civil Procedure Rules, and is therefore incompetently filed.
3. In light of the foregoing observations, I hereby order as follows:
i. The Applicant’sChamber Summons dated 17th November 2020 is hereby struck out for being incompetently filed.
ii. There shall beno order as to costs.
4. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 18TH DAY OF NOVEMBER 2020
P. NYAMWEYA
JUDGE